Bankruptcy, Individual Voluntary Arrangement and Winding-up of Companies
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2. What can ABC Bank do if the statutory demand fails to reach Mr. T, or if Mr. T tries to avoid receiving the demand?

The bank should first make sure that the demand has been sent to the last known address or usual place of abode or business of Mr. T. Otherwise, Mr. T may challenge the validity of the statutory demand in the subsequent bankruptcy proceedings.

If the bank or its lawyer has repeatedly sent the statutory demand by post or by hand, and they have reasonable grounds to believe that Mr. T has absconded or is trying to avoid receiving the demand, the bank or its lawyer can advertise the demand in one or more local newspapers. The Court may accept this as a reasonable way of serving the statutory demand.

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